State v. Shak

Clarence Sliak, on August 25,1968, drove through the intersection of Nimitz Highway and Sand Island Access Road against the red light. He was tried,' convicted, and sentenced to pay a fine of $25 in the district court. He appealed to the circuit court, where he was tried, convicted, and sentenced to pay a fine of $200.

The Supreme Court in North Carolina v. Pearce, 395 U.S. 711 (1969), held that the due process clause of the 14th amendment prohibits a judge from giving a more severe sentence to a defendant upon retrial for the same offense as a penalty for exercising his rights to appeal or…